California Court of Appeal

In a petition for writ of habeas corpus relief from sentencing for first degree murder conviction with special circumstance allegation that the murders were committed while petitioner was engaged in the attempted commission of a robbery or burglary, the petition is denied where, in light of the California Supreme Court's most recent guidance (namely People v. Banks (2015) 61 Cal.4th 788 and People v. Clark (2016) 63 Cal.4th 522) concerning a defendant aider and abettor's culpability along the so-called Enmund-Tison continuum (Enmund v. Florida (1982) 458 U.S. 782 and Tison v. Arizona (1987) 481 U.S. 137), sufficient evidence supports the jury's Penal Code section 190.2 robbery/burglary special circumstance findings in this case.

Appellate Information

• Published 2017/03/24

Judges

• KIN

Court

• California Court of Appeal

Counsel